Procedure for the procurement of consulting service - DOH

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MANUAL PROCEDURES FOR THE PROCUREMENT OF CONSULTING SERVICES STEP2. SUBMISSION OF ELIGIBILITY REQUIREMENTS 1. LEGAL REFERENCE Section 24 of the revised IRR is the legal basis for the submission of eligibility requirement and conduct of eligibility check and short listing of prospective bidders. 2. PURPOSE To determine the eligibility of prospective bidders for the Procurement of Consulting Services based on the eligibility requirements set forth in the revised IRR. 3. RULES AND GUIDELINES 3.1 Time to Apply for Eligibility The eligibility envelopes of prospective bidders for procurement of consulting services shall be submitted on or before the deadline specified in the REI, and shall be opened before the dates of the pre-bid conference and bid opening to determine eligibility of prospective bidders, who shall then be allowed to acquire or purchase the relevant Bidding Documents from the procuring entity. A prospective bidder may be allowed to submit his eligibility requirements electronically in accordance with Section 8.5.2 of the revised IRR (Sec. 24.4.1 of the revised IRR). If the procuring entity maintains a registry system using the PhilGEPS or its own electronic system, a prospective bidder, whether or not duly registered in either system, shall submit a written letter of intent and/or its application for eligibility and latest Class “A” documents, to the BAC on or before the deadline specified in the Bidding Documents which shall in no case be later than the date for the submission and receipt of bids. Any application for eligibility or updates submitted after the deadline for the submission of the letter of intent shall not be considered for the bidding at hand (Sec. 24.4.3.3 of the revised IRR). 3.2 ELIGIBILITY CHECK 3.2.1 Conditions for hiring consultants The services of consultants may be engaged by any procuring entity for government projects or related activities of such magnitude and/or scope as would require a level of expertise or attention beyond the optimum in-house capability of the procuring entity concerned and consistent with the Government‟s policy not to compete with the private sector (Annex “B” General Principles on Consulting Services, Item 2). 40
DOH CUSTOMIZED PROCUREMENT MANUAL VOLUME 4 2010 3.2.2 Who qualify as consultants? In order to manifest trust and confidence in and promote the development of Filipino consultancy, Filipino consultants should be hired whenever the services required for the project are within the expertise and capability of Filipino consultants. It is only when the HOPE determines that Filipino consultants do not have the sufficient expertise and capability to render the services required under the project may foreign consultants be hired (Annex “B” General Principles on Consulting Services, Item 4.2 of the revised IRR). Where applicable, technology and knowledge transfer to the Procuring Entity shall be required in the provision of consulting services (Annex “B” General Principles on Consulting Services, Item 4.4 of the revised IRR). A Procuring Entity may hire a joint venture composed purely of Filipino consultants or, when circumstances require the participation of foreign consultants, a joint venture composed of Filipino and foreign consultants. The preference for Filipino consultants merely reflects Article XII of the 1987 Constitution, which mandates the government to give preference to qualified Filipinos in the grant of rights, privileges and concessions covering the national economy and patrimony, including the purchase of goods, services and the hiring of consultants, contractors and other professionals. The above should be read in connection with E.O. 278, s. 2004, which prescribes Guidelines for Project Loan Negotiations and Packaging of Government Foreign- Assisted Infrastructure Projects. Under Section 1 thereof, as a general rule, the government should, as much as possible, fund consultancy services for government infrastructure projects with local funds and using local resources and expertise. Consultancy services shall be proposed for foreign assistance only where foreign funding is indispensable or local funds are insufficient. For this purpose, the concerned government units should provide funds in their respective investment programs for the following consultancy services: a. Pre-investment components which include feasibility studies and related surveys and special studies; b. Detailed engineering design and related activities (where the project is determined to be feasible); or c. Project Management/Supervision. Under the same Section 1 of Executive Order 278, where Filipino capability is determined by appropriate authorities to be insufficient, Filipino consultants may hire or associate themselves with foreign consultants, provided that the Filipino shall be the lead consultant. It further provides that where foreign funding is indispensable, foreign consultants for the project must enter into joint venture with 41
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Procedure for the procurement of consulting service - DOH

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